In today's dispatches, Dr. Orly is told by the courts in the Rhodes v MacDonald appeal "No, you can't have appeal, not yours, CASE CLOSED." Chris Strunk is told by the defense "shut up and go away". Dr. Orly does an interview on TV that's interesting in what she doesn't mention. WND has become de Vattel country. Anti-semite Andy Martin is flirting with the de Vattelists in hopes that he can whore his way to the top of the birther food chain. And it looks like the party's over in the Birther Civil Wars.
24 May - Dr. Orly hears from the Eleventh Circuit Court of Appeals in regards to her appeal of Rhodes v MacDonald.
"05/24/2010 Record and Exhibits Returned to District Court: 3 v. of roa.
05/24/2010 CASE CLOSED-Mandate Issued"
Dr. Orly better start checking behind the seats on the Tesla for spare change, or maybe sell The Dental Chair o' Luv on eBay......
24 May - The "Right Side of Life" plans to come back on line.
"Commentary will also be unmoderated but monitored to allow for a good and reasonable (hint, hint; nudge, nudge!) flow of discussion."
"Rightside Phil" is one of the few birthers that will let birther debunkers post at his site. He does tend to moderate those users a lot more heavily than the birther users though. Would like to see if he plans to be more even handed with the revamp.
That being said, I suspect Phil showed a bit more of his true colours with this message.
"We have a full-fledged Muslim in the White House who is hell-bent on changing America away from its core principles."
Sorry Phil, but bigoted much??
25 May - Chris Strunk, in esse, FDIC, CIA, PDQ, MOUSE, etc., gets a response in his ongoing lawsuit against, well, everyone.
"05/25/2010 RESPONSE IN OPPOSITION FILED  by Carlos Gutierrez, Janet Ann Napolitano, Nancy Pelosi, Barry Soetoro, COMM, DHS and United States House of Representatives to motion to expedite case [1245652-2] [Service Date: 05/25/2010 by US mail] Pages: 1-10. [10-5082]"
(Scribd link here)
"Appellees United States Department of Commerce, Bureau of the Census, Gary Locke, Secretary of the United States Department of Commerce, United States Department of Homeland Security, Janet Napolitano, Secretary of the United States Department of Homeland Security, the United States House of Representatives, Nancy Pelosi, Speaker of the United States House of Representatives, and Barack Obama1, President of the United States (“Federal Appellees”), respectfully request that this Court deny Appellant’s motion for an expedited appeal."
So far straightforward.
"In the caption and body of his complaint, 1 Plaintiff-Appellant lists the President of the United States as “Barry Soetoro” a.k.a. “Barack Hussein Obama.” The Clerk of the Court has listed “Barry Soetoro” as a named appellee. Undersigned counsel represents Barack H. Obama, President of the United States"
"I worked diligently 24/7/365 for the last two years in order to clean up massive elections fraud that we saw in the last election, when nobody was checking the eligibility of candidates and voters, when organizations like Acorn were registering people 70 times over and bussing people from state to state to undermine the whole system of legitimate elections. I am currently representing over 200 members of US military, state representatives from all over the country as well as candidates in 2008 election in different legal actions across the country, specifically dealing with elections. On my own dime, while working and raising my family with 3 children, I made 34 trips all over the Nation, flying red eye, meeting with election officials, FBI agents, assistant attorney generals, state representatives- discussing massive elections fraud and brainstorming solutions to clean up elections."
Notice she doesn't say why she was doing all of this, her fail record in the courts, or the $20,000 in sanctions.....
26 May - World Nut Daily's Joseph Farah has become a open de Vattelist.
"Let's see the birth certificate – as a starting point.
Let's hear from Obama on how, as the son of a foreigner from Kenya, his birth anywhere – in the United States or elsewhere – he could possibly qualify for the presidency as a "natural born citizen," as the term has always been defined."
Simple. The term "has always been defined" as either:
1) Born in the United States
2) Born outside of the United States to a US citizen parent or parents.
Since the State of Hawaii has confirmed Obama was born in that state, then under US law "has always been defined", Obama is a Natural-born US citizen.
Whereas Farah is a natural born liar.
26 May - Two hours late, but anti-semite Andy Martin comes though with his "unique insight" as to why Obama is ineligible.
"Andy Martin’s schedule is running late. His news conference will be at 4:00 P.M., not 2:00 P.M. as originally scheduled. Same location: Third Avenue"
I'm going to conclude there was a scheduling conflict with the unwashed street preacher with a megaphone who normally occupies that spot.
"Legal scholar and Obama author/film producer Andy Martin today presented the U. S. Army with a simple and direct explanation of why Barack Obama is ineligible to serve as President, and why Lt. Col. Terry Lakin lacks criminal intent in challenging Obama’s authority as Commander in Chief. "
I wouldn't call Lakin's willful disobeying lawful orders "criminal" per se, but it IS a violation of UCMJ.
"Martin’s letter to General George Casey provides unique insight into earlier unsuccessful lawsuits challenging Obama’s eligibility, and explains why the current military court martial of Lakin is based on a different legal foundation"
Yes, the other suit were in civilian courts, this is a military court. Next!
"Lakin is in the direct chain of command and has the right to question Obama’s legitimacy as a commander in chief."
Ummm, no. The only way Lakin would have been in the direct chain of command was if he or someone in his immediate chain of command reported directly to Obama. Nice try.
"I am completely independent and impartial in so far as the Lakin matter is concerned."
"...I'll whore myself to anyone giving me attention!"
"1. What is a “birther"
A crackpot conspiracy nutcase who's upset that Obama won the 2008 presidential election and is trying to explain away the win.
"While Obama’s 1961 birth certificate is of immense historical importance, that document is only peripherally necessary to a determination of Col. Lakin’s claim that the Commander in Chief needs to establish his legitimacy. (Obama’s document could potentially reflect a Kenyan or other foreign birth that was merely “certified” in Hawai’i. We don’t know.)"
I thought Martin kept insisting that Obama was born in Hawaii and that Frank Marshall Davis was the father. Hmmm, wonder if he's trying to "mainstream" his claims to fit what a lot of birthers already believe?
"Nevertheless, by his own admission, President Obama is not eligible to hold the office of president.
While Obama did receive more votes than John McCain, Americans were slow to realize that Obama simply lacked the constitutional qualifications to serve as president. Please allow me to explain."
"While the term NBC did not have independent American meaning at the time of the Constitution itself, there was significant existing European literature that discussed and refined the term. Jay was a scholar and was probably aware of that writing. Thus, the founders can reasonably be presumed to have been aware of the significance of NBC term Jay requested be placed in the Constitution. That is why the “legislative history” is so sparse. They knew what they were talking about."
Wow. He managed to suggest de Vattel without actually mentioning de Vattel. That's almost in "Dancing with the Stars" land as a way of tapdancing around something.
And yeah, I suspect he's trying to establish himself as top birther dog now that Dr. Orly and Phil Berg have gone down as the birthers "great white hope".
"In a sort-of “search and avoid” mission we knew in Viet-Nam, liberal scholars recently have sought to “search” for the NBC term’s origins but “avert” their eyes from use of the term NBC in European literature during the second half of the eighteenth century."
1) No, they cite Blackstone quite often, as well as ALL of de Vattel, not just a single quote from a translation that post-dates the Constitution by ten years.
2) Wait a minute. Is Andy Martin actually suggesting he served in Vietnam?? Funny, even his own biography doesn't mention this.
That's REALLY tacky, even for Martin.
"The term NBC meant, and still means, someone who was not only born in a country but someone who had both of his parents as citizens of the country at the time of his or her birth."
I'm surprised Martin didn't just use the "blut und boten" phrase and be done with it.
And it's really funny that 200+ years of US law, case law, legal code, etc., fail to define "natural born citizen" in this manner, isn't it?
Martin certainly has gone to the de Vattel side of birtherdom though. I guess that's why he's not spinning his Frank Marshall Davis claim anymore.
"BHO had no ties to this country. He came here presumably on a student visa and very likely never even became a permanent resident. He left behind a Kenyan wife and children, and returned to them. Today we would call our president a “non-martial” offspring of BHO in preference to a harsher term in use at the time of Obama’s birth."
Sneaky way of calling Obama a "Bastard", eh??
"BHO had no ties to this country, yet through some process he deposited a “president” on our soil."
Isn't that process usually called "sex" ??
"That is exactly the type of tenuous connection to America that the founders thought should not permit someone to become president. They wanted to require a multi-generational presence as eligibility to serve as president. "
Funny how there's no mention of this anywhere in the US Constitution, isn't it?
"Ironically, I have advanced the theory that Obama’s real, or biological, father is Frank Marshall Davis. If my theory is correct, and only if my theory is correct, is Obama actually an NBC. Davis was indisputably an American citizen."
Oh ho! Now I see it. He's playing the de Vattel game in hopes of forcing Obama to admit that Frank Marshall Davis is his real father.
Sneaky. And lame.
"There have been many lawsuits exploring the NBC issue. I predicted they would fail, and I was correct."
Including his own. But that didn't take much - anyone with three brain cells to rub together would have known those cases would fail. Including cases that bring up the exact same definition of "natural born citizen" that Martin is trying to use.
I have over forty years of successful federal court litigation experience
If by "successful" you mean "declared a vexatious litigant", then yes.
"The left-wing mainstream media have tried to make a joke of Obama’s missing birth certificate."
Maybe because the birthers ARE a joke.
26 May - And maybe, just maybe, the Berg v Taitz birther civil war has drawn to a close.
(bold face mine)
"05/26/2010 ORDER (FUENTES, JORDAN and HARDIMAN, Circuit Judges) granting Motin by Appellants to Withdraw Appeal Pursuant to Fed.R.App.P. 42(b). All remaining motions are denied. Counsel are admonished to avoid further invective and to confine themselves to civil and appropriately focused filings in any further appeal, filed. Panel No.: DCO-119. Jordan, Authoring Judge. (SLC)"
*LAUGH!!!!* Like Dr. Orly could do that, ever??
(Scribd link here)
"1) Motion by Appellants to Withdraw Appeal Pursuant to Fed.R.App.P. 42(b);
2) Response in Opposition by Appellees to Motion to Withdraw Appeal, which also requests sanctions and costs;
3) Reply by Appellants to Response in Opposition and Response to request for sanctions and costs;
4) Motion by Appellees for Leave to Amend Response in Opposition to Motion to Withdraw Appeal;
5) Amended Response in Opposition by Appellees to Motion to Withdraw Appeal, which also requests sanctions and costs;
6) Motion by Appellants for Leave to Exceed the Page Limit in Their Reply to Appellee’s Response;
7) Response by Appellants to Motion by Appellees to Strike;
8) Letter from Pro Se Appellee dated May 12, 2010;
9) Motion by Appellants to Strike Pro Se Appellee’s letter of May 12, 2010
The foregoing Motion by Appellants to Withdraw Appeal Pursuant to Fed.R.App.P. 42(b) is hereby GRANTED.All remaining motions are DENIED.Counsel are admonished to avoid further invective and to confine themselves to civil and appropriately focused filings in any further appeal"
So basically "Fine Berg, get this stinking mass out of our courtrooms. Dr. Orly, no you can't have award of costs, not yours. Here's a slap on the wrist for behaviour for both of you, now GIT OUT OF HERE!!!!"
This may have answered who was the worse lawyer though. Ultimately Berg DID have his request granted and Dr. Orly's request was denied.
Wonder if Dr. Orly will now try to appeal it.....